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Hello,
Just looking to see where I might stand in regards to by ex-partner forcing me to sell my house.
We lived together in relationship for 13 years, we had been separated since end 2012 and she moved out in August last year(not quite 4 years), we share custody of our 13 and 16 year old week on/week off and I do pay CSA. There have quite a substantial debt in regards to assets we have.
Have had property valued and super funds to get total amounts.
If I sold the property, there would be barely enough to pay-out the debt plus Real Estate plus Solicitors.
I'd like to make her a settlement package of cash and super, but if she refuses my offer, can she force me to sell the house.
the Mortgage and property are only in my name, she has made no contribution to the property, and I have been and am the only one maintaining the the property and servicing all the the debt.

So if she can force the sale of the house, and there isn't enough to pay out the debts, then is she going to be liable for half of the remaining debt - I'm assuming no, so therefore she should not be able to force me to sell my family home, the home that I share with my kids

Super is not included when Your in a defacto relationship. Not sure who told u that it is.
Have you had legal advice regarding these questions. Might be a good idea some offer free legal advice.
I'm in Perth.
It's 50/50 of children.
Banks doesn't care if it's children involved all they care is that mortgage is paid and if theirs a shortfall both are liable. Not sure if it different since you both weren't married.
She's entitled to a percentage of your asset pool if it small them she's get a smaller %.
Not sure who told you she's only get a part after debts are paid.... Not how it works... Unless you sell the home then give her a % is none is left over then there's nothing for her all goes to the bank.
Try to negotiate with her and come up with a figure.
Do you both going through courts ?

Hi, just thought I'd chip in.
I'm in Perth, went through defacto prop settlement in 2012 via Fam Court, Neither my or expartner's super were included in the settlement calculation although it was still required to be included in the disclosure documentation.

Why on earth would you do that?
It was a DeFacto relationship and you have been separated for almost 5 years, you are living in your house, so what's to settle?

Do Nothing, the ball is in her court and she has failed to act in time.

She needs grounds to request an out of time settlement, does she have any? Can she give a good reason for making this? If not - I expect that the court will just tell her to go away.

What is she likely to get if she does have grounds? From what you have said the house has no net value, the loan is about the same as what it could be sold for. Is there any joint property that you have not told us about? If so who has that?

If there is no property to divide it is not necessary to have a property settlement, whether it's in time or out.

Thank you, I'll get back to you if any word.
Going to try make a settlement offer and hope for the best

Neither of us can afford to go to court, and I believe that unless there would a financial grain, no Solicitor will represent either of us, believe they'd more than likely advice to take the offer.

Thanks again, appreciate the advice

Wise move I think... Although she would have to include an affidavit in her property settlement application for applying out of time, if I have read your circumstances correctly, you have been in a relationship for 13 years & have raised kids together almost the whole time... I assume they are yours, but whether they are biologically yours or not, they are children of the relationship.

The point to that being, she at the very least, has made substantial & significant non financial contributions for the entire length of the relationship ... They are solid grounds. Quite unlikely she would be knocked back if she sought to apply... She would also have a valid reason to place a caveat over your title if she hasn't already... At some point in the future you are probably going to have top confront this.

If you have managed to share 2 kids 50/50 for over a year, I'm assuming you get along reasonably well on issues that matter... If you can make a reasonable offer & you can both avoid litigation, you most certainly should IMO & the sooner the better.

Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

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